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HomeMy WebLinkAbout297400 ALLSTEEL GSA - PURCHASE ORDER - 3306087 (2)Date: 11 /20/03 City of Fort Collins Page Number: 1 Purchase Order Number: 3306087 City of Fort Collins Delivery Date: 10/03/03 Buyer: CAREY, DAVID Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: FOR GARDENS ON SPRING CREEK, PER BCI QUOTE # 34206 DATED 10/02/03 EXCEPT DELETE $1977.80 FOR DELIVERY, INSTALLATION & DESIGNER TIME. NET PRICE: $19,938.35 PRICE ARE GSA. LEADTIME: APPROX. 5 WEEKS Line City/Units Description Extended Price 2 1 LOT 14,000.00 FURNITURE 3 1 LOT 6,000.00 FURNITURE Total This order is rkahalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970.221.6775 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us $20,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Condition 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of Fort Collins Accounting Division P.O. Box 590 Fort Collins, CO 80522 Tax exemption; By statute the City of Fort Collins is exempt form state and local taxi. Our Exemption Numbs' is 98-04502. Federal Excise Tax Exemption Continental, of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapta39-26, 114 (a) - Goods Rejected. GOODS REIECfED due in failure to meet specification, either when shipped or due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written instruments Rorer the City of Fort Collins. Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival Final Acceptame R rapt areas merchmdue, services orequipment in response to this order ern rains in authorized payment on the pan of the City of Fort Collins. However, it is to be understood thin FINAL ACCEPTANCE is dependent upon completion of of applicable required inspection procedures. Freight Terms. Shipments most be FOB., City of Fort Collins, 000 Wood Sr, Fan Collins, CO 80522, unless bill mmust ascpcoecmifipedny invoice Additional dditional is giver m prepay fright and charge separately, [he onginel freight charges for packing will not be accepted. Shipment Distance. Where manufacturer have distributing points in various parts of the country, shipment is expected from the amount distribution point in dersns ion, and excess freight will be tductnd from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pamie, rertlficass and licenses required by all applicable laws, regulation, nMinmces and milt of the state, municipality, tattoo, a polidcal subdivision where the work is performed, or required by any oba duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin harmleat from and against all liability and loss tamed by than by room of an asserted or established violation of any such laws, regulations, ordinance, rules and requiremme. Authorization. All parties to this contract agree that me repsesentativa are, in fact, bona fide and fairness full and complete authority to bind said patties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein sec forth and any supplementary or additional rams and conditions annexed hero or incorporated herein by reference. Any additional or different erms and conditions proposed by seller an objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make wmplae shipment to arrive on your promised delivery date as nand. Time is of me essence. Delivery and performmce most be i ffasd within the time stated on the purchase order and me daurnens climbed hereon. No acts of the Purchasers including, without limistim, aaeptauce of pmtial late deliverim, shall opaae m a wawa of this provision. In me wmt of my delay, We Purchaser shall have, in addition to other legal and equiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reassembly fnresaable which an, beyond its reasonable own'ol and without is fault ofnegligence, such sets of Cod, acts of civil or military nethorities, governmental priorities, fires, strikes, Flood, epidemics, wars a' nos Provided that notice of the maditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella fiat received knowledge thereof In the event of my such delay, the daze of &livery shall be extended fa the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wmrenta that all goods, articles, materials and work wvmed by this ortr will conform with a honfile driest, spacifiutime, mmpla and/or near desaiptiou given, will be fit for me purgsm intended, and pert ed with be bigbat &gme of rare and competence in mcordenm with incepted stmdmds fm' work of a similar name. The Sella sgrces m fthe Se purchaser ambles fimn any Isar, shot e pl expense which me Purchases may sotto th Fur on er, mt of the Sellns trcachin warmly The Sella shall replace, repair a make good without cot to the purchaser, law deface to furls musing within one ran you or within such longs prod of time a may be prescribed law or ar the termlo any applicable warranty provided ye the Sella afro the doe oft or d fecti dof efective the goods Permittedadsfumis (accepee S eta eons Is, unreasonably Hayed), y the Pa from imperfect or defective work root mamas under this by the Seller. t in otherwise or ro minion is the harchma shall not Sellers liability a vet of any claim unto this warranty. Except l otherwise provided in this purchase order, me Sellaa liability hereunder shall extend to ill damages proximately caned by the breach of any of the foregoing warranties orR MERCHANTABILITY T BIL liabilityhall in N evert include Ions E SHALL or lots of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. ,,The Purchaser may make changes to legal terms by written change order'. 5. CHANGES IN COMMERCIAL TERMS - The Purchaser may make my changes to the toms, other then legal tams, including addition m or deletions from me quantities originally ordered in the specification or drawing; by verbal or written change, order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6- TERMINATIONS. The Parchaer may at my time by written change order, terminate this agreement in to my or all portions undue goads men not shipped, subject to my equitable minimum, between me parties ns to my work or materials bra In Progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted Notion of the goods aM/or work for mounted or consequential damages, and ma no such adjustment be made in favorof the Sella with respect m any gods which me me Sellers standard stock. No such tcnoimttm shell relieve the Purchaser a the Sella of my of their obligations in to my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must No socialist within dirty (30) days from me date the change or nomination is ordered. B. COMPLIANCE WITH LAW, The Seller warants that all goods sold hereunder shall have boon produced, sold, delivered and famished in strict compliance with all creditable laws and regulations to which me goads are subject The Sella shall execute and deliver such documents in may be required to effect in evidence compliance. All laws and regulations required to Is, incespostnd in agreement of this chmm4r an, hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cats and damages suffered by the Purchaser in a result of the Sen. failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, manfa, or convey this order, or my monies due or to become due hereunden without the poor small corset ofthe other party. In TITLE The Seller warrants fall, clear and anrtstriald title radio Purchaser Wash ryeipment, materials, and items famished in performance of this agreement free and clear of any and all liras, restriaioru, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of me Purchaser to insist upon strict performance of the tern and conditions hereof, failure or delay to excurene any rights or ramdies provided herein or by law, failure to promptly laity the Seller in the went of a breach, We acceptance of or payment for goods hercenda or approval of the design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the purchaser in insist upon stria pafortnance hereof or any of is rights or remedies w to any such goods, regardless of when shipped received oraccepted, as many poor or subsequent default hereunder, nor shall any puryoncd and modification or rescission of this purchase order by me Purchaser operate in a waiver of any of the tams hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges molting from mtimmt violations are in fact bone by be Purchaser. Thmetoforc, for good muse and in consideration for executing this Purchase order, the Seller hereby assign to the purchaser any and all claims it may now have or hereafter acquired under federal or state an amst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and me Sella thereafter indicala is inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to iL and the Sella shall Fay all toss associated with such work. The Sella shall release the Purchase' and its connectors of any tier fi'mn all liability and claims of any nature resulting from be performartae of such work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the du ms, officers and employees of such party. The Sunnis contractual obligation, including warranty, shall nor be demand in be reduced in any way, because such wok is performed or caused to he performed by me Purchaser. 14. PATENTS. Whenever the Sella nonpareil muse any design, device, material or process covered by Inver, parent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged m pay by reason of such infringement at any time during We pmsaution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of me goods, is in such suit held to constitute infringement and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and an its option, either Formal for the Purchaser the right to annual using said equipment or parts, replace the same with substantially equal but nor -infringing equipment, or modify it so it becomes non -infringing. I5. INSOLVENCY. If me Seller shall become insolvent or bankrupt, make an assignment for the benefit ofernium , sprout a receiver or ranee far any of the Sellns property or business, this order may forthwith be canceled by the Purchaser with. liability. 16. GOVERNING LAW. The definitions of terms used or the Interpretation of the agreement and the rights of all penis to reorder shall be construed under and governed by the laws of the Stine of Colorado. USA. The following Additional Conditions apply only in ones where the Sella is to perform work haeun&q including We smmes of Sellers Representativen), on the premise of others. ❑. SELLERS RESPONSIBILITY. The Sella shall tarty on said work a Sellers own risk anti] the same is fully compinnd and accepted and shall, in tale of my accident, destmction or injury at the work and/or maerias before Seller's final completion and acceptance, law]. me work at Seller's own expose and to We satisfaction of the Parchmm. When materials and equipment are finummsi by others for insellaion re ;cation by the Sella, the Seller shall receive, unload, rtae and handle same at the site and become resporsible therefor in though such materials and/or equipment were being famished by the Seller anda the order. IS. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compmsaim, including occupational disease benefits, to is employees employed on or in comection with me work covered by this purchase order, andm' to their dependents in accordance with the laws of the state in which the work is to be done. The Seller mall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and doer limits of at least S300,000 for my me person, $500,000 for my one accident and property damage limit For accident of $400,000. The Sella shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Seller or his conructosa employees shall do my weak upon the Common; of able, the Sella shall formula the Purchaser with a certificate the such umpemmion and insurance have bum provided. Such certificates shall specify the date when such compensation and insurance have Even provide. Such certificates shall specify the date when such mmpensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the more work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes We more responsibility and liability for any and all damage, less or injury of my kind or nature whatsoever to Person or property mused by or resulting from me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handles the Purchaser and my or all of the Purchasers officers, agents and employees from and ;gamin my and all claim, load, damages, charges or expenses, whether direct or indirect and whether to Persons or property to which the Purchaser may he put or subject by realm of my act, am=, neglect omission or default an the pan of the Sella, any of his contractors, or my ofine Sellers or contractors offrc rs, agents or employees. In cme my mit or aher Proceedings shall be brought against the Precision, or its offices, agents or employees at any time on account or by reason of my act action, neglect omission or &fault of the Sella of any of his coneaccom or my of its or their oIcers, agents or ernployess as aforesaid, the Seller ha aby spaces to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurtN by a obtained against the Perelman or my of its or their officers, agents or employees in such suits or rubber proceedings, and in case judgment in other lien be placed upon or obtained against the properly of the Purchaser, or said parties in or in a result of ambs suits or other proceedings, the Sella will at once cause she same, m he dissolved and discharged by giving boad or ahawise. The Sella and his contmeters shall take all safety premutias, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including bra without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 1119